[4027] would render certain aliens ineligible to participate in the bill's earned adjustment and deferred mandatory departure programs, including aliens: (1) subject to final orders; (2) who failed to depart after a grant of voluntary departure; (3) who are subject to reinstatement of removal after illegal reentry; (4) who have been convicted of a serious crime here; who are believed to have committed a serious crime outside the U.S.; or who are believed to be a danger to the security of the U.S.; or (5) who have been convicted of a felony or 3 or more misdemeanors.

A discretionary waiver would be available for non-criminal aliens who: (1) failed to receive notice of removal proceedings; or (2) establish that their failure to appear was due to exceptional circumstances; or (3) can demonstrate that their departure would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent or child.

Senators Kyl and Cornyn offered a different version of the amendment during earlier proceedings on the bill, but it was never brought to a vote. This reworked version contains ameliorative provisions that would broaden waiver language allowing more individuals to participate in legalization

The Senate then moved on to Amendment No. 3979 sponsored by Jeff Sessions (R-AL.) AILA reports (same link):

[No. 3979] would provide for the construction of at least 370 miles of triple-layered fencing and 500 miles of vehicle barriers in areas along the southwest border that the Secretary determines are areas that are most often used by smugglers and aliens attempting to gain entry into the U.S. In addition, the amendment would require the DHS to repair and extend existing fencing, and construct vehicle barriers, in the Tucson and Yuma sectors. All construction would be required to be completed within two years of the bill's enactment.

This passed by a vote of 83 to 16.

Sen. Vitter then tried to undo the provisions for the undocumented. Happily, it failed by a vote of 33 to 66.

Senator Vitter (R-LA) offered the next amendment (no. 3963) which would strike the sections of the bill providing for earned adjustment, deferred mandatory departure, and earned adjustment for agricultural workers (sections 601 through 614). Senators Hagel, Martinez, Kennedy, Durbin, McCain and others spoke out passionately against the amendment and others, such as Senator Sessions, took to the floor in support of the Vitter amendment.

There were some other voice votes, see the AILA link for a description. More amendments will be voted on tomorrow.

The Senate is expected to pass a full immigration bill next week, which will then have to be reconciled with big, bad H.R. 4437, the House bill that would make every undocumented resident subject to felony prosecution and build 700 miles of border fences. [Here's the official link to 4437.]

There's still time to call your Senators and ask them to Call your Senators this week and ask them to defend S. 2611 against any negative amendments and support those that would strengthen the bill. Just enter your zip code in the box on this page and you will get your phone numbers for your senators and some talking points.